Landowner's Actual Notice of a Dangerous Condition

April 10, 2019 Posted in Articles Tagged in Personal Injury Share

In order for an Invitee or Licensee to recover for injuries sustained as a result of a dangerous condition on a Landowner’s property the invitee or licensee must show that the Landowner had notice of the dangerous condition. Notice can come in two forms: 1) Actual Notice; or 2) Constructive Notice. In this blog we will address actual notice. Actual notice is defined as notice obtained through actual knowledge.  Black’s Law Dictionary defines Actual Notice as such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry.

An example of actual notice may be the easiest way to understand its definition.  Where a ramp was alleged to be a dangerous condition and the ramp had existed for an extended period of time on the landowner’s property, the landowner was found to have actual knowledge of the condition because they actually knew that the ramp existed. Whether or not a Landowner knew or should have known that the condition was “dangerous” is a different question and often time left to the jury’s determination.

Whether it be a slip and fall, trip and fall or some other type of injury occurring on a property, if you have questions about whether you are liable for an injury occurring on your property or have questions regarding an injury occurring on a property please contact a Bethlehem Injury Lawyer at The Law Offices of Edward J. McKarski for a free consultation.